Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15620 of 2021 Arising Out of PS. Case No.-536 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== GAURAV KUMAR Son of Manish Kumar Chaudhary @ Manish Kumar @ Munish Chaudhary R/o Village- Rajapur, Ward No. 7, P.S.- Muffasil (Singhaul O.P.), District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under sections 346, 367, 370, 370(A), 372, 373, 376, 120B/34 of the Indian Penal Code, sections 4, 6, 12, 17 of POCSO Act, sections 3, 4, 5, 6 of Immoral Traffic Act, sections 75, 79 of J.J. Act and section 30(a) of Bihar Prohibition and Excise Act.

On the basis of secret information that flesh trade was going on, raid was conducted in the house of one Anita Devi from where a girl was recovered and thereafter several persons including this petitioner was

Patna High Court CR. MISC. No.15620 of 2021(3) dt.19-07-2021 2/3 arrested from there.

It is submitted on behalf of the petitioner that petitioner is meter reader and unfortunately, at the time of raid, he was in the house and as such he was arrested. It is further submitted that victim girl has not alleged any wrong against this petitioner. He further submits that during course of trial victim has been examined and she has not identified the petitioner as one of the customers. Charge sheet has already been submitted. Petitioner has got clean antecedent and is in custody since 09.10.2020. Learned counsel for the State opposes the prayer for bail.

Considering the rival submissions and materials on record this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge VI-cum- Special Judge, POCSO Act, Begusarai in POCSO Case no. 35/2020 arising out of Nagar P.S. Case no. 536/2020 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.15620 of 2021(3) dt.19-07-2021 3/3 reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T